Obtain money by misleading statements

The maximum penalty for the offence of obtaining money by false or misleading
statement is five years imprisonment..

What court is likely to hear the matter

Where the value of the property exceeds $5000, this matter is a Table 1 offence
which means that either the DPP or an accused can elect to have the matter dealt with
in the District Court. If no election is made it will be dealt with in the Local
Court.

Where the value of the property does not exceed $5000, this matter is a Table 2
offence which means that the DPP can elect to have the matter dealt with in the
District Court. If no election is made it will be dealt with in the Local Court.

What the police must prove

In order for the police to prove their case at court, they must prove each of the
following matters beyond a reasonable doubt.

The accused made, published, or concurred in making or publishing.

An oral or written statement.

Which he or she knew to be false or misleading in a material particular, or which
was false or misleading in a material particular and was made with reckless disregard
as to whether it was true or false or misleading in a material particular.

It was with intent to obtain for himself or herself or another person.

Any money, valuable thing or financial advantage.

It will be necessary for the police to prove that the accused was the person who
committed the offence.

Possible defences

Possible defences to this offence include but are not limited to

Duress

Necessity

Intoxication

The law

Section 178BB of the Crimes Act states:

Whosoever, with intent to obtain for himself or herself or another person any
money or valuable thing or any financial advantage of any kind whatsoever, makes or
publishes, or concurs in making or publishing, any statement (whether or not in
writing) which he or she knows to be false or misleading in a material particular or
which is false or misleading in a material particular and is made with reckless
disregard as to whether it is true or is false or misleading in a material particular
shall be liable to imprisonment for five years.

For the purposes of and without limiting Part 1 A, the necessary
geographical nexus exists between the State and an offence against this section if
the offence is committed by a public official (within the meaning of the Independent
Commission Against Corruption Act 1988) and involves public money of the State or
other property held by the public official for or on behalf of the State.

where to next?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in corporate crime and will be able to guide you through the process while dealing with the various authorities related to your matter.